HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Second Appeal No. 335/2022 1. Prem Shankar S/o Shri Lallu Lal, R/o Bonli, District Sawai Madhopur (Raj.) (Deceased On 17.08.2019) 2. Vimal Kumar Jangir S/o Shri Chiranji Lal, Aged About 49 Years, R/o Bonli, District Sawaimadhopur (Raj.) (Testamentary Heir). ----Appellants Versus 1. Late Smt. Leela Devi W/o Shri Soman K.p., R/o Employee M.k. (Nurse) General Hospital, Bonli, Tehsil Bonli, District Sawai Madhopur (Raj.) 2. Gram Panchayat Bonli, Through Sarpanch, Gram Panchayat, Bonli. 3. Soman K.p., H/o Late Smt. Leela Devi 4. Manoj Soman, Aged About 22 Years, S/o Late Smt. Leela Devi 5. Rashmi Soman, D/o Late Smt. Leela Devi ----Respondents For Appellant(s) : Mr. Amit Chopra, Adv. on behalf of Mr. Anshuman Saxena, Adv. For Respondent(s) : Mr. Ashindra Gautam, Adv. HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 21/08/2025 This second appeal has been filed by the appellants-plaintiffs (for short ‘the plaintiffs’) under Section 100 and 42 of CPC against the judgment and decree dated 11.02.2020 passed by the Additional District Judge, Sawaimadhopur (for short ‘the appellate court’) in Civil Appeal No.59/2016, whereby the appeal filed by the plaintiffs has been dismissed and affirmed the judgment and decree dated 12.09.2013 passed by the Civil Judge (Junior Division), Bonli, District Sawaimadhopur in Civil Suit No.69/1993 by which the plaintiff’s suit for permanent injunction has been (2 of 3) [CSA-335/2022] dismissed. Along with the said appeal, an application under Section 5 of the Limitation Act has been filed for condonation of delay of 899 days in filing the appeal. Learned counsel for the plaintiffs submits that delay in filing the civil second appeal is unintentional. So, in the interest of justice, delay of 899 days in filing the civil second appeal may be condoned. Heard learned counsel for the applicant on the application under Section 5 of the limitation Act. The reasons given in the application under Section 5 of the Limitation Act are reproduced as under:- “(I) That it is humbly submitted that present appeal has been filed by the appellant being aggrieved by the judgment dated 11.02.2020 and 12.09.2013 as also the order dated 05.08.2022. That it is submitted that as aforesaid judgment impugned dated 11.02.2020 has been passed without hearing the testamentary successor of Late Shri Prem Shankar, who expired on 17.08.2019 and therefore, Testamentary Successor namely Vimal Kumar Jangid preferred application under Section 153, 153(A) and 151 CPC for reviewing the judgment dated 11.02.2020 after implicating the successor of the Late Shri Prem Shankar and decide the matter on merits but the same was dismissed on 05.08.2022. That immediately after passing the order dated 05.08.2022, appellant has preferred the present civil second appeal and therefore, looking to the provisions of Limitation Act, 1963 specially section 14 of the Act delay in (3 of 3) [CSA-335/2022] filing the present Civil Second Appeal should be condoned in the interest of Justice.” The applicant has not shown any plausible cause for filing the present civil second appeal after an inordinate delay of 899 days. Entirely vague averments have been made. So, I do not consider it a fit case to condone the inordinate delay of 899 days. Thus, application filed by the applicant for condonation of 899 days delay in filing the second appeal is devoid of merit and liable to be dismissed, which stands dismissed accordingly. Consequent upon the dismissal of the application under Section 5 of limitation Act, the second appeal also stands dismissed. Pending application(s), if any, also stand(s), disposed of. (NARENDRA SINGH DHADDHA),J Gourav/31